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The Establishment Of The Correction Of Illegal Behavior After The Abolition Of The Labor Education System In China

Posted on:2017-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:B ZhangFull Text:PDF
GTID:2296330509451643Subject:Law
Abstract/Summary:PDF Full Text Request
November 12, 2013, the Third Plenary Session of the CPC eighteen resolutions abolition of RTL, so far, on the legality of the detention system in question is irrelevant to the discussion, and emerging issues left over after the abolition of reeducation through labor system is worth considering. Such as receiving education, housing and other types of correctional labor camp system will be another piece of the rule of man plots, it will not become a tool for human rights abuses; how to put an end to a labor camp after the abolition of non-normal petition similar admonition center alienation of labor education system; detention after the abolition of the original illegal detention still exist, these actions will not be because of lack of regulation and connivance, thus becoming a potential threat to social order. That is the question after the abolition of RTL in the front face of the society, the abolition of RTL is to start the construction of another section of the law of the road, thus an alternative legal system appears inevitable. After the detention of the era to build Conception Rehabilitation Law in this article is the stand such an angle to the front of these issues, this is not only a sound legal system, maintain public order requirements, but also an important step in the development of the rule of law, human rights protection.This paper begins with a clear understanding of the origins of labor education system, development, and abolition of the starting process, objective evaluation of the social value of labor education system and it has flaws, legacy and emerging issues at the same time understand the correctional system after the abolition of the original concerns violations in detention RTL whether to bring pressure on social security after the abolition of these problems to develop "Rehabilitation law" to provide objective guidance and useful references. Then analyzes the pros and cons of the existing system of re-education of the alternatives on the basis of China’s national conditions, such as Security Measures System, misdemeanor system, binary split, its essence, to its dregs. Then the solid portion "Rehabilitation Law," the construction, including the nature and characteristics of the legal, legislative principle, the constituent elements, the type of behavior, the behavior of objects and treatment measures. Finally complemented by programs, including ordinary court procedures and speed cut to build the program, simplified and orderly, both to ensure fair but also to ensure efficiency.
Keywords/Search Tags:The system of reeducation through labor, abolish, human rights, The law of correcting illegal conducts, feasibility, substitution
PDF Full Text Request
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